Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1607 Compare Versions

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22 HOUSE DOCKET, NO. 509 FILED ON: 1/13/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1607
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael P. Kushmerek and Angelo J. Puppolo, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act providing increased protections from harassment and discrimination on the basis of
1313 height.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/13/2023Angelo J. Puppolo, Jr.12th Hampden1/13/2023Jessica Ann Giannino16th Suffolk1/27/2023Vanna Howard17th Middlesex1/31/2023Edward R. Philips8th Norfolk2/14/2023Paul McMurtry11th Norfolk2/15/2023 1 of 4
1717 HOUSE DOCKET, NO. 509 FILED ON: 1/13/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 1607
1919 By Representatives Kushmerek of Fitchburg and Puppolo of Springfield, a petition
2020 (accompanied by bill, House, No. 1607) of Michael P. Kushmerek, Angelo J. Puppolo, Jr. and
2121 others relative to height discrimination. The Judiciary.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 4357 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act providing increased protections from harassment and discrimination on the basis of
3030 height.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Section 32 of chapter 22C of the General Laws, as appearing in the 2018
3434 2Official Edition, is hereby amended by striking out the definition “Hate crime” and inserting in
3535 3place thereof the following definition:-
3636 4 “Hate crime”, any criminal act coupled with overt actions motivated by bigotry and bias
3737 5including, but not limited to, a threatened, attempted or completed overt act motivated at least in
3838 6part by racial, religious, ethnic, handicap, height, gender, gender identity or sexual orientation
3939 7prejudice, or which otherwise deprives another person of his constitutional rights by threats,
4040 8intimidation or coercion, or which seek to interfere with or disrupt a person's exercise of
4141 9constitutional rights through harassment or intimidation. Hate crime shall also include, but not be 2 of 4
4242 10limited to, acts that constitute violations of sections 37 and 39 of chapter 265, section 127A of
4343 11chapter 266 and chapter 272.
4444 12 SECTION 2. Section 37O of chapter 71 of the General Laws, as so appearing, is hereby
4545 13amended by inserting after the word “origin”, in line 137, the following word:- , height.
4646 14 SECTION 3. Section 89 of said chapter 71, as so appearing, is hereby amended by
4747 15inserting after the word “origin”, in lines 98 and 349, in each instance, the following word:- ,
4848 16height.
4949 17 SECTION 4. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby
5050 18amended by inserting after the word “origin”, in line 11, the following word:- , height.
5151 19 SECTION 5. Section 12B of said chapter 76, as so appearing, is hereby amended by
5252 20inserting after the word “origin”, in line 196, the following word:- , height.
5353 21 SECTION 6. Section 3 of chapter 151B of the General Laws, as so appearing, is hereby
5454 22amended by inserting after the word “origin”, in lines 17 and 64, in each instance, the following
5555 23word:- , height.
5656 24 SECTION 7. Section 4 of said chapter 151B, as so appearing, is hereby amended by
5757 25inserting after the word “origin”, in lines 3, 187, 201, 210, 221, 232, 266, 291, 298, 308, 358,
5858 26366, 377, 479, 488, 492, 500, 634, 644, 821 and 831, in each instance, the following word:- ,
5959 27height.
6060 28 SECTION 8. Section 39 of chapter 265 of the General Laws, as so appearing, is hereby
6161 29amended by inserting after the word “origin”, in line 4, the following word:- , height. 3 of 4
6262 30 SECTION 9. Section 14A of chapter 269 of the General Laws, as so appearing, is hereby
6363 31amended by inserting after the word “section”, in line 10, the following words:- and section 14C.
6464 32 SECTION 10. Said chapter 269 is hereby amended by inserting after section 14B the
6565 33following section:-
6666 34 Section 14C. (a) Whoever photographs a person with a disability without the person’s
6767 35consent and conveys the photograph by electronic communication or publishes the photograph in
6868 36print for the sole purpose of harassing, annoying or molesting the person or the person’s family
6969 37shall be punished by a fine of not more than $500 or by imprisonment for not more than 3
7070 38months, or by both such a fine and imprisonment.
7171 39 (b) Whoever videotapes a person with a disability without the person’s consent and
7272 40conveys the video by electronic communication or publishes a still photograph contained within
7373 41the video in print for the sole purpose of harassing, annoying or molesting the person or the
7474 42person’s family shall be punished by a fine of not more than $500 or by imprisonment for not
7575 43more than 3 months, or by both such a fine and imprisonment.
7676 44 SECTION 11. Section 92A of chapter 272 of the General Laws, as appearing in the 2018
7777 45Official Edition, is hereby amended by inserting after the word “object”, in line 11, the following
7878 46word:- , height.
7979 47 SECTION 12. Section 98 of said chapter 272, as so appearing, is hereby amended by
8080 48inserting after the word “origin”, in line 2, the following word:- , height. 4 of 4
8181 49 SECTION 13. The Massachusetts commission against discrimination shall adopt,
8282 50promulgate, amend and rescind rules and regulations or formulate policies and make
8383 51recommendations to effectuate the purposes of sections 2 to 9, inclusive.